The tariff classification of a drink mix from El Salvador.

N025446 April 10, 2008 CLA-2-19:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 1901.90.5600, 1901.90.5800 Ms. Carla Ferreira All-Ways Forwarding Int’l Inc. 701 Newark Avenue Suite 300 Elizabeth, NJ 07208 RE: The tariff classification of a drink mix from El Salvador. Dear Ms. Ferreira: In your letter dated March 26, 2008, on behalf of Gonzalez & Tapanes Foods, you requested a tariff classification ruling. A sample and an ingredients breakdown were submitted with your letter. The sample was examined and disposed of. Oregeat Mix with Morro - Horchata de Morro is a tan colored powder composed of 35 percent rice, 30 percent sugar, 20 percent morro seed, 5.5 percent pumpkin seed, 3.5 percent chocolate, and 2 percent, each, of cinnamon, vanilla, and peanuts. The product is imported in retail-sized clear plastic packages containing 340 grams and used to make a beverage. The consumer dissolves 2 spoonfuls of the mix into a glass of water and adds sugar and ice to taste. The applicable subheading for the Oregeat Mix with Morro - Horchata de Morro powder, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 1901.90.5600 Harmonized Tariff Schedules of the United States (HTSUS), which provides for food preparations of flour, groats, meal, starch or malt extract…other…other…articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17...described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, the product will be classified in subheading 1901.90.5800, HTSUS, and dutiable at the rate of 23.7 cents per kilogram plus 8.5 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stanley Hopard at 646-733-3029. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division